Transportation Constitutional Law

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Planet of the Drones: The Evolution of Privacy Laws in Light of Emerging Drone Technology

Unmanned Aerial Systems (UAS), more popularly known as drones, are a complex and transformative technology that has demonstrated its value in military applications across the globe. Although the Federal Aviation...more

Texas Railroad Commission Proposes New Rules Related to Pipeline Eminent Domain Claims

The November 2011 issue of the Energy Newsletter addressed the case of Texas Rice Land Partners, Ltd. v. Denbury Green Pipeline-Texas, LLC, in an article titled Texas Supreme Court Ruling May Slow the Installation of Certain...more

Drone on Drones: Government Regulation of Drones in Law Enforcement

While a controversial proposed state bill that would restrict law enforcement agencies’ use of drones is drawing criticism, the federal government is also tackling ways to regulate the use of this new technology. These...more

An Update of Flow Control Jurisprudence since United Haulers

Since United Haulers Association v. Oneida-Herkimer Solid Waste Management Authority, 550 U.S. 330, 344 (2007), most courts have upheld local flow control ordinances as constitutional under that holding. ...more

Full Steam Ahead for Eminent Domain Actions after High Speed Rail Authority Negotiations End in Impasse

The State Public Works Board (the “Board”) adopted four Resolutions of Necessity approving the High-Speed Rail Authority’s (the “Authority”) use of eminent domain for public necessity to acquire four parcels in Fresno and...more

Amtrak's Metrics-Making Power Hangs In The Balance

In July 2013, the D.C. Circuit ruled that Section 207 of the Passenger Rail Investment and Improvement Act of 2008 ("PRIIA"), under which Amtrak and the Federal Railroad Administration ("FRA") jointly established metrics and...more

Supreme Court Grants Certiorari to Review D.C. Circuit Decision Hampering Amtrak's On-Time Performance

On June 23rd, the U.S. Supreme Court granted the government’s Writ of Certiorari to review the decision of the D.C. Circuit that many believe may be hampering Amtrak’s leverage with freight railroads and its on-time...more

Congress Considers Transportation Appropriations Provisions, Other Legislation Impacting Aviation

On Capitol Hill, legislators are working to pass a Transportation Appropriations bill that will fund aviation programs during the 2015 fiscal year. As part of the appropriations process, members of the House and Senate are...more

Six Days on the Road and I'm Gonna Park My Truck to Comply with State Laws Tonight

My apologies to Dave Dudley. The song “Six Days on the Road” just doesn’t stand up to the changes we would have to make after the Ninth Circuit’s decision that the state meal and rest break laws are not preempted by federal...more

No-Fly List Ruled Unconstitutional

On June 24th, a federal judge in Oregon ruled that the government’s no-fly list, which seeks to prevent people with suspected terrorism ties from traveling to or within the United States, is unconstitutional. The lawsuit was...more

PART TWO: Unmanned Aircraft Systems (“UAS”) – aka Drones Legal Issues: Where Are We Headed?

There have been almost daily news stories about the advent of Unmanned Aerial Vehicles (“UAVs”), also referred to as “drones,” and how commercial usage is expected to explode over the next several years. There have been...more

Status Updates - June 2014 #4

..Are threats made on social media protected free speech, or potentially criminal acts? The U.S. Supreme Court has agreed to examine the constitutionality of a federal law making it a crime to transmit communications...more

2014 Florida Legislative Post-Session Report

The 2014 Legislature came into session in early March and adjourned in early May. Florida lawmakers passed more than 260 bills, 26 of them applied only to local areas. One proposed amendment to the Florida Constitution was...more

Flash Boys and the Transportation Corridor Act

Michael Lewis' new book, Flash Boys concerns high frequency traders using advance notice of a stock purchase to reap extra profits. Fittingly, the North Carolina Supreme Court's decision in Beroth Oil v. NCDOT was published...more

Brandt Revocable Trust v. U.S. – the United States’ theory of land ownership derailed

In Brandt Revocable Trust v. U.S., the United States Supreme Court held that abandoned railway rights-of-way that had been granted to railroad companies under the General Railroad Right-of-Way Act of 1875 left underlying...more

First in Flight, Tops in Tech, Ascendant in UAS: Drones and North Carolina

The next time you go for a long hike in a national forest with no cell phone service, you might want to take a drone with you so that you can send for help when you break your leg, dehydrate, and need help. ...more

Current Developments in Eminent Domain and Oil and Gas Pipeline Construction (Under Construction - March 2014)

On February 19, 2014, a Nebraska state district court judge invalidated a portion of a Nebraska law that had, until the decision, permitted an alternate, streamlined method of obtaining eminent domain authority for the...more

Nebraska Court Stalls Keystone XL Pipeline, Declares Governor’s Approval Unconstitutional

On Wednesday, a Nebraska trial court struck down a state law allowing Governor Dave Heineman’s to approve the proposed route for TransCanada Corp.’s Keystone XL Pipeline. The decision comes just weeks after the State...more

Court Sides With Federal Government Over Santa Monica Airport

As we reported last month, the United States of America and the Federal Aviation Administration had filed a motion to dismiss a lawsuit brought by the City of Santa Monica in federal court seeking to confirm its alleged right...more

Supreme Court Reiterates that New York Times Actual Malice Standard Requires Materially False Statements

On Monday, Jan. 27, 2014, the Supreme Court unanimously reversed a $1.2 million Colorado defamation verdict in the case of Air Wisconsin Airlines Corp. v. Hoeper—a notable decision for a court that rarely accepts libel...more

Preparing for NTSB Investigative Interviews

Those who face investigative interviews before the National Transportation Safety Board (NTSB) should be fully aware of the applicable rules and regulations. Key topics relating to NTSB investigative interviews include...more

New York’s Highest Court Allows Metropolitan Commuter Transportation Mobility Tax To Stand

It appears the legal battle to invalidate the Metropolitan Commuter Transportation Mobility Tax (MCTMT) is finally over. On January 14, the New York Court of Appeals declined to review last year’s appellate court decision...more

Is Your Property Next? California Authorizes Condemnation of Fresno County Property for High Speed Rail Project

The California High-Speed Rail Authority’s (the “Authority”) first request to seize a parcel in Fresno County through eminent domain has been approved by the State Public Works Board (the “SPWB”), the state agency that...more

InterConnect FLASH! No. 35 - Focusing on Solutions Rather than the Problem

As we flip the page on the calendar to close out the year, the title of the recent editorial in the Arkansas Trucking Report, “Good Things Come to Those Who Change,” really hit home. The editorial focused on the idea of...more

California Environmental Law and Policy Update - October 28, 2013

Environmental and Policy Focus -- Greenhouse Gas Dispute Dismissed Over Lack of Standing to Sue - CourtHouse News - Oct 17: Environmental groups lack standing to challenge the Washington state Ecology Department's...more

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